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Appeals court reverses adoption; birth mother denied due process

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A Jasper County mother was denied due process when her children were allowed to be adopted while the birth mother’s appeal of her termination of parental rights was pending, the Indiana Court of Appeals ruled Friday.

The court reversed the adoption order and remanded to the Jasper Superior Court a case that also raised issues about the constitutionality of Indiana’s adoption statutes. The case rose to the Court of Appeals previously in 2008, when the court reversed the mother’s termination order.

“We did so without knowledge that the children were adopted while birth mother’s appeal was pending,” Judge L. Mark Bailey wrote in In the Matter of the Adoption of Minor Children: C.B.M. and C.R.M.: C.A.B. v. J.D.M. and K.L.M., 37A03-1204-AD-149. “Birth mother also knew nothing of the adoption proceedings.”

The Department of Child Services argued that it was not required to provide the birth mother notice of the adoption proceedings or obtain her consent because her parental rights had been terminated, citing I.C. 31-19-2.5-4(4) and 31-19-9-8(a)(8).

“The state’s consent to the adoption of the children was arbitrary and capricious and in derogation of birth mother’s procedural due process right to a meaningful appeal of the termination order,” Bailey wrote in an opinion joined by Judge John Baker.

“The adoption decree is therefore void. We do not, however, conclude that the statutory scheme for adoption in Indiana is unconstitutional. We therefore reverse the adoption court’s denial of birth mother’s petition to set aside the adoption decree and remand this matter for further proceedings.”

Judge Nancy Vaidik concurred in result in a separate opinion and said the statutes should be read to provide notice to a birth parent who has not exhausted appeals of termination rights.

“While I conclude that the provisions of the adoption statute challenged here are constitutional, I reach this conclusion by reading the statute to excuse notice of adoption proceedings only when a parent’s rights have been terminated as a final matter through exhaustion of all appellate remedies.”
 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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